The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1887-01-22
INTERSTATE COMMERCE BILL
A Summary of its Provisions.

INTERSTATE COMMERCE BILL
A Summary of its Provisions.
The interstate commerce bill passed on January
H. by the Senate has for its object the regulation of
commerce between the States, with a view to the
prevention ofacts of injustice on the part of rail-
roads to PERSONS firms, corporations localities.
AS its title implies the bill concerns only such
mon carriers engaged in the transportation of
passengers property State lines traffic Who'll
ly within one State being exempt from its provi-
sons. All charges for service rendered in the trans
portation passengers property it is provided in
the first section shall be reasonable and just and
every unjust and unreasonable charge is prohibited
and declared to be unlawful. This requirement ap-
plies not alone to the carriage of passengers prop
erty but also TO all services Herewith connected
such as receiving, delivering, storage handling.
In the second section it is provided that if any
mon carrier subject to the provisions of the act
SHALL directly indirectly by any special rate re-
bate drawback or other device, charge or receive
from any person greater or less compensation for
the.transportation of passengers property than it
charges or receives from any other person for like
and contemporaneous service under substantially
similar circumstances and conditions, such common
carrier shall be deemed guilty of unjust discrimna
ton, which is declared to be unlawful. The third
section forbids the giving of any undue unreason
able preference or advantage to any particular per-
son, firm, corporation or locality or any particular
description of traffic, and also forbids subecting
any particular person, firm, corporation locality
particular description of traffic to any undue or I'M
reasonable prejudice or disadvantage. Reasonable,
proper and equal facilities shall be afforded for the
interchange of traffic between different transporta-
ton lines, and for the receiving, forwarding and
delivering of passengers and property, without dis
elimination as to rates between connecting lines.
The fourth section, to which great objection has
been made by railroad men, reads as follows: 1T
shall be unlawful for any common carrier subjectto
the provisions of this act charge or receive any
greater compensation IN the aggregate for the trans
portaton of passengers or of like kind of property
under substantially similar circumstances and con-
ditions, for shorter than for longer distance
the same line in the same direction, the shorter be-
ing included within the longer distance: provided,
however that upon application to the commission
such common carrier may, in special cases. after in
vestgation by the commission, be authorized 10
charge less for longer than for shorter distances"
Discussion of this section made clear the truth that
it did not, the opponents of the bill contended,
prohibit higher rate per mile for short than for
long haul, but merely that the aggregate sum re-
ceived for the short local haut should not ex-
coed, though it might equal, thesumEeceived for
long or through haul. The effect of its operation on
through rates. it was shown would be nil, except in
cases where low non-paying through rates had been
maintained solely by the injustice of charging local
shippers more for short haus than distant shippers
were charged for long hauls. The fifth section,
which the railroads likewise subjected to much
criticism, forbids common carriers engaged in in
ter-state commerce to "enter into any contract
agreement or combination with any other common
carrier carriers for the pooling of feghts of diff
ferent and competing railroads or divide between
them the aggregate or net proceeds of the earnings
of such railroads any portion thereof" The
stability of rates which pools supposed to secure
at the sacrifice to the public of competition, would
be secured it was shown, by other provisions of the
bill, that the pool would longer have any bell
eieial function The sixth section. about the pro-
priety of which there could be no dispute provides
that all rates. fares and charges shall be printed and
posted for public inspection, and shall not be ad
yanced except amer ten days public notice, which
shall plainly state the changes proposed and the time
when the increased rates, fares or charg2sz Mi 70
into effect Reduction may be made Rithoutnotiee
but when made shah be Immediately posted for
public inspection. To ask OF receive moro or less
than these published rates fares aud charges is de-
Glazed unlawful Neglect 70 publish or file with the
commission copies schedule of rates will subject
the offending common carrier in addition to other
penalties. TO writ of mandamus, to be issued by
Circuit Court of the United States the instance of
the commissioners, Failure to comply with such
mandamus will be punishable as contempt. Nor is
1t 10 be lawful for common carriers TO enter into
combinations or agreements TO prevent, by change
of time schedule carriage in different cars or other
device the continuous carriage of inter state traffic.
with view 10 evading the provisions of the law.
The doing of any act forbidden by the act omit
ting to do what il requires, will make the offender
liable to the party injured thereby for the full
amount of damage sustained. together with
reasonable attorneys fee which fee shall be taxed
part of the costs in the case Complainants shall
either apply for redress to the commission or may
bring sHit in t.eir own behalf In actons for dam.
ages the court may compel any director officer re-
ceiyer trustee or agent of the defendant corporation
TO produce hooks and papers and testify. The claim
that testimony thus given may crlminatc the person
tusfyihs istot4o excuse agi laessSSs;Ea gsgiaatss
evidence. fine ofs5.OOO is provided for offenses
against the requirements of the act To administer
the act commission of five persons is created, 10 be
known as the IGteF-s,nte Commerce Commission.
These DO appointed by the President with the
advice and consent of the Senate to six years
receiving each salary of 800. This commission
is to inquire into the management OF the business of
all common carriers, and to this end is empowered
to require the attendance of Witnesses and the pro.
duetion Of all books, papers, tariffs contracts &c,
relating to any matter they may desire to investi-
gate The aid of any court of the United States may
be invoked in furtherance of this portion of their
work. Any person. firm corporation or association,
or any mercantile, agricultural or manufacturing
society," or any body polite or municipal orGaniSa=
ton may invoke the Seryiees Of the commission
sgating the facts complained of. The commission
win forward such statement and viii require the
common carrier complained otto satisfy the com
plant or answer the same in writing in reasonable
time, Ifthe railroad neglects to act in the matter
the commission will itself make an investigation
and If shall appear that the law has been violated
the railroad will be notified of the result of the in
vestigaton and required to desisg from such viola
tiqn and make re paTation within reasonable time
specified by the commission, If, however. the Of
Tending corporation neglecls or refuses TO obey
lawful order Of the commission In respect to the
matter complained of, the commission ITSELF or any
person interested, may apply in a summary way, by
petition to the Circuit Court of the United States
Such court will hear and determine the matter at
once a court of equity, without tho formal
pleadings of ordinary suits of eaufy the finding of
the commission being pfima facie evidence of the
matter il hand. For the purpose of the act the
sion. The principal office Of the commission shall
be in Washington, hut special sessions may be held
in any part of the United States At its option the
commission may require annual reports from all
railroads engaged in interstate commerce. and pre-
scribe the scope of such reports 1t may also pro
scribe a uniform system of bookkeeping. The guin
Of 100000 is appropriated fer the pdrposes of the
act which is TO 80 INFO effect as regards the appoint
tic rest It's provisions sixty days after its passage